Violation of human rights and civil freedoms by abusing the pre-trial detention as a measure to secure the presence of the accused in the criminal proceedings (original) (raw)
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In this article, we take issue with ECHR standards on pre-trial detention. These standards are considered panacea for the reported overuse of pre-trial detention in Europe as they prioritise the legitimate purposes of detention as safeguards to ensure the principle of ultima ratio. Yet this purposes are heterogeneous as pre-trial detention protects the pending proceedings but also averts risks pertinent to criminal policy. In our analysis we discuss the shortcomings of the ECHR standards to fully protect from abusive detention. Moreover, we reveal internal inconsistencies with the presumption of innocence. One major example is the use of pre-trial detention to prevent re-offending, which blurs the boundaries between custody on remand and preventive detention. Additionally, we delve deeper into the obligation to use milder measures as part of the ECHR standards, which remains superficial and vague. Conclusively, we encourage the reflection and re-examination of the ECHR standards for pre-trial detention, instead of focusing merely on their better enforcement.
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The present article makes a reflection about the violations of human rights in detentions of suspects of terrorism prior the trial. The works focuses on the system of human rights in Europe and the applicability of the European Convention on Human Rights provisions. In this line, first it will be understood the concept of terrorism to the European law and what are the situations in which an individual can be detained. After, we will quickly approach the definition of pre-trial detention and its applicability in cases involving terrorism acts. After the definition of terrorism and pre-trial detention concepts, how the protection of human rights is executed in Europe will be explained, focusing on the European Convention on Human Rights and in the fundamental role of the European Court of Human Rights in identifying violations of the Convention provisions. Following, it will be featured the rights contained in the Convention applicable to detainees, those being the prohibition of tort...
Excessive use of pre-trial detention in Azerbaijan: Examination of the causes
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As a country with a criminal justice system that has historically put too much emphasis on the use of custodial preventive measures, Azerbaijan has suffered from the consequences of the overuse of pre-trial detention. The management of detention centres has become a financial and logistical burden for the government, and the excessive use of pre-trial detention as a preventive measure for accused persons has also had deleterious effects on detainees and communities. Through the analysis of the secondary data, this article attempts to understand the causes of the overuse of pre-trial custody in the context where a variety of alternative options is available. The paper argues that a deviation from the guidelines on the part of the judiciary, procurators and investigators, corrupt practices in the pre-trial phase and sufficient degree of judicial independence have been the key reasons behind the over-reliance on pre-trial detention.
İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi , 2013
!!! BEFORE CITING THIS ARTICLE PLEASE CONTACT TO AUTHOR BECAUSE OF SUBSEQUENT CURRENT AMENDMENTS !!! In this study, right to trial within a reasonable time is addressed and reviewed with its theory and brief history, aspects in both foreign law systems and domestic law as comparatively, provisions under both European Convention on Human Rights and national law, recent developments in Turkish law, practice in the light of outstanding and prominent decisions of the European Court of Human Rights. It also deals with the compatibility of Turkish Law practice in particular pertaining to criminal proceedings and detention on remand. It has been touched on right to a fair trial, enshrined in European Convention on Human Rights, during the study as well due to the fact that both rights have developed together. That ECtHR’s decisions finding violation against Turkey are mostly related to right to trial within a reasonable time shows importance of the matter.
Pre-Trial Detention in Greece: the Achilles heel of the prison system
The first two sections of the chapter outline the International and Human Rights’ commitments of Greece to imprisonment and detention, as well as the National criminal procedural law on detention. The third describes the treatment and rights of pre-trial detainees in practice. The fourth and fifth section sketches out the alternatives for pre-trial detention, and the compensation forms for unlawful detention. Finally the sixth section attempts to explain the high detention rates in Greece during the last decade.
Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this work, we seek to detect fragments of harmonisation within the existing legal framework. The paper thus looks at the EU area of criminal justice to highlight intersections between pre-trial detention and existing instruments, such as the 'procedural rights' Directives and the European Arrest Warrant. Our findings show that the symbiosis of pre-trial detention and some procedures created by EU instruments (e.g. surrender proceedings) raise a plethora of questions regarding the legal standards of pre-trial detention. Several juncture points exist where current instruments could or should influence the manner in which pre-trial detention is regulated under national law. Despite these intersections, we conclude that the lack of an EU regulatory framework remains problematic.
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